In a joint document the EPA and the Army Corps of Engineers
released a proposed rule to clarify protections provided by the Clean Water
Act. Following Supreme Court decisions in 2001 and 2006, there has been much
confusion about definitions within the Act and applicability. The proposed clarifications will enhance
understanding for industry, agriculture, local government officials and the
public as it relates to protection of streams and wetlands that form the
foundation of the nation’s water resources.

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"We are clarifying
protection for the upstream waters that are absolutely vital to downstream
communities," said EPA Administrator Gina McCarthy. "Clean water is essential
to every single American, from families who rely on safe places to swim and
healthy fish to eat, to farmers who need abundant and reliable sources of water
to grow their crops, to hunters and fishermen who depend on healthy waters for
recreation and their work, and to businesses that need a steady supply of water
for operations."

"America's waters and wetlands are valuable resources that
must be protected today and for future generations," said Assistant Secretary
of the Army (Civil Works) Jo-Ellen Darcy. "Today's rulemaking will better
protect our aquatic resources, by strengthening the consistency,
predictability, and transparency of our jurisdictional determinations. The
rule's clarifications will result in a better public service nationwide."

The health of rivers, lakes, bays, and coastal waters depend on
the streams and wetlands where they begin. Streams and wetlands provide many
benefits to communities — they trap floodwaters, recharge groundwater supplies,
remove pollution, and provide habitat for fish and wildlife. They are also
economic drivers because of their role in fishing, hunting, agriculture,
recreation, energy, and manufacturing.

About 60 percent of stream miles in the U.S. only flow
seasonally or after rain, but have a considerable impact on the downstream
waters. And approximately 117 million people or one in three Americans, get
drinking water from public systems that rely in part on these streams. These
are important waterways for which EPA and the Army Corps is clarifying protection.

Specifically, the proposed rule clarifies that under the Clean
Water Act and based on the science:

· Most seasonal and rain-dependent streams are protected.

· Wetlands near rivers and streams are protected.

· Other types of waters may have more uncertain connections with downstream water and protection will be evaluated through a case specific analysis of whether the connection is or is not significant. However, to provide more certainty, the proposal requests comment on options protecting similarly situated waters in certain geographic areas or adding to the categories of waters protected without case specific analysis.